At a Glance

• Maine LD 61 establishes new limitations on employer surveillance and creates mandatory disclosure obligations for employers that monitor employees through electronic means.
• The law applies to all employers in the state, which must provide written notice annually and during interviews, though requirements are less burdensome than in some other states.
• The law takes effect this summer, will be enforced by the Maine DOL, and violations carry fines; employers should review surveillance practices, update policies, and prepare required disclosures.

Maine Governor Janet Mills recently allowed LD 61 – An Act to Regulate Employer Surveillance to Protect Workers – to become law without her signature. This law, which takes effect this summer, applies to all Maine employers, public and private, regardless of size, and appears to cover contract workers, in addition to employees. With LD 61, Maine joins Connecticut, Delaware, and New York in enacting statutes regulating surveillance in the workplace.

LD 61 establishes new limitations on employer surveillance and creates mandatory disclosure obligations for employers that monitor employees through electronic means. The law defines “surveillance” broadly as monitoring an employee through an electronic device or system, including computers, telephones, wire or radio systems, electromagnetic or optical systems, and similar technologies. This could include mobile device tracking, remote attendance applications, or employee...

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